What is the ruling regarding the liability for an imperfect decrease in usurped consumable goods where spoilage is feared?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
Liability for the decrease in the usurped item is obligatory if the reduction is not permanent, such as in the case of food that has been swallowed, or food that begins to spoil or mold, with the risk of total loss being feared. This is the explicit opinion of Al-Shafi'i. The supporting evidence lies in the principle that whatever is in the usurper's possession is guaranteed because of its presence in his custody, making it equivalent to what is actually present in his hand.
Supporting text
Another view holds that the usurper is not liable for the decrease. The Qadi states that the usurper must provide the equivalent value because the exact measure of the decrease is unknown, and every slight decrease incurs liability due to its reliance on the existing cause in the usurper's possession. Abu Al-Khuttab permits the owner to choose between taking the equivalent value or leaving the item until the spoilage stabilizes and then taking the diminished value (Arsh).